ASHOK RAI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment dated 5.9.1999 passed by the 3rd Additional Sessions Judge, Deoghar in Sessions Case No. 90 of 1997 whereby and whereunder the learned trial Court convicted the appellant for the offence under Section 324, IPC and sentenced him to undergo R.I. for a period of 2 months and also to pay a fine of Rs. 1000/ - in default to undergo R.I. for a further period of 2 months. The learned trial Court however, acquitted the appellant for the charge under Sections 307, 326, 341 and 504 of the Indian Penal Code.

(2.) IN short the prosecution case is that on 7.10.1996 at about 9 a.m. when the informant was irrigating his paddy field, the appellant came near him carrying spade in his hand and told him that fertilizer was flowing from his field and, therefore, he is not permitted to take water through his field and the appellant asked the informant to stop the irrigation. The informant did not listen to his request, due to which the appellant lost his temper and assaulted the informant with a spade, which he was holding, on the chest of the informant causing bleeding injury. Thereafter, the informant raised hulla and then it is said that the people from nearby field rushed to the place of occurrence and then the accused -appellant fled away from there.

(3.) THE police after investigation submitted the charge -sheet under Sections 341, 307, 326/504, IPC and thereafter, the appellant was put on trial for the said charges.